Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner seeks a direction to be issued to the respondents to reimburse the medical expenses borne by him in the treatment of his cardiac ailment, which he had to undergo in an emergent condition at the Goyal Hospital and Research Centre, Jodhpur in October 2006.
(2.) THE petitioner is a retired employee from the Forest Department of State of Rajasthan. He retired from service on 31.5.2000 and was issued with a PPO No. 428 -316(R) and also a medical diary by the respondents. He is a permanent resident of Jalore. It is averred in the writ petition that he suddenly faced a cardiac pain in September 2006 and was immediately taken to Government Hospital, Jalore wherefrom he was referred to Jodhpur. The petitioner was examined at the M.G. Hospital, Jodhpur and from there, was referred to the SMS Hospital, Jaipur for the procedure of Aortic Valve replacement which was not available at the MGH, Jodhpur. However, the petitioner's condition was not such that he could travel to Jaipur. In the meanwhile, while undergoing treatment at Jodhpur, the petitioner again developed acute cardiac pain upon which he was immediately rushed to the Goyal Hospital and Research Centre, Jodhpur. He remained admitted at the said hospital, where he was subjected to the surgical procedure of Aortic Valve Replacement wherein a total expenditure of Rs. 1,70,450/ - was incurred in addition to the expenses towards purchase of medicines etc. The petitioner submitted the bills of medical expenses to the respondent department and claimed reimbursement thereof but the same was rejected by the respondent No. 2 vide order dated 21.6.2007 (Annex. 8) on the ground that the treatment of the petitioner was not undertaken in a government hospital. Hence, the petitioner has approached this Court for issuance of a writ or order to the respondents to reimburse the medical bills of the petitioner.
(3.) LEARNED counsel for the petitioner submits that the petitioner had to undergo treatment in an emergent condition at the Goyal Hospital, Jodhpur and as such, it was absolutely impossible for him to have approached a government hospital for getting treatment of his sudden and acute cardiac problem. He relies on the decision of this Court in the case of Jawahar Lal Bohra v. State of Rajasthan (S.B. Civil Writ petition No. 6350/2005) decided on 26.3.2014 and prays that the writ petition deserves to be accepted and the respondents be directed to reimburse the medical expenses borne by the petitioner in accordance with Rajasthan State Pensioners Medical Concession Scheme.;